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Senate Bill S315

2009-2010 Legislative Session

Relates to immunity for certain employers providing information relating to a former employee to a prospective employer who is an elder care facility

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S315 (ACTIVE) - Details

See Assembly Version of this Bill:
A531
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add ยง79-n, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:
S238, A2380

2009-S315 (ACTIVE) - Summary

Provides civil immunity for certain employers who provide information relating to a former employee to a prospective employer, nursing home or elder care facility unless such information is knowingly false or misleading or violates a state or federal law; provides that if evidence is established that the information the former employer gave was knowingly false by such employer to the prospective employer about the former employee, a civil liability will be upheld.

2009-S315 (ACTIVE) - Sponsor Memo

2009-S315 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   315

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to employer  reference
  immunity

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
79-n to read as follows:
  S  79-N.  EMPLOYER  REFERENCE  IMMUNITY.  1.  FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO AS A VOLUNTEER OR  FOR  COMPEN-
SATION PROVIDES LABOR IN A NURSING HOME OR OTHER ELDER CARE FACILITY.
  (B)  "EMPLOYER"  MEANS A NURSING HOME OR OTHER ELDER CARE FACILITY WHO
EMPLOYS AN INDIVIDUAL FOR COMPENSATION OR WHO SUPERVISES  AN  INDIVIDUAL
PROVIDING LABOR AS A VOLUNTEER.
  (C)  "PROSPECTIVE  EMPLOYER"  MEANS A NURSING HOME OR OTHER ELDER CARE
FACILITY TO WHOM AN EMPLOYEE OR FORMER EMPLOYEE HAS SUBMITTED AN  APPLI-
CATION FOR EMPLOYMENT.
  2.  A  NURSING  HOME  OR OTHER ELDER CARE FACILITY, MAY DISCLOSE TO AN
EMPLOYEE OR THAT INDIVIDUAL'S PROSPECTIVE EMPLOYER INFORMATION  RELATING
TO  THE  INDIVIDUAL'S JOB PERFORMANCE THAT IS DOCUMENTED IN THE INDIVID-
UAL'S PERSONNEL FILE UPON THE REQUEST OF THE INDIVIDUAL OR  HIS  OR  HER
PROSPECTIVE  EMPLOYER.  AN EMPLOYER WHO DISCLOSES INFORMATION UNDER THIS
SECTION IN GOOD FAITH IS IMMUNE FROM CIVIL LIABILITY FOR THE DISCLOSURE.
AN EMPLOYER IS PRESUMED TO BE ACTING IN GOOD FAITH  AT  THE  TIME  OF  A
DISCLOSURE  UNDER  THIS  SECTION  UNLESS A PREPONDERANCE OF THE EVIDENCE
ESTABLISHES ONE OR MORE OF THE FOLLOWING:
  (A) THAT THE EMPLOYER KNEW THE  INFORMATION  DISCLOSED  WAS  FALSE  OR
MISLEADING,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01230-01-9

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